[ DO NOT PUBLISH] 

## In the 

# United States Court of Appeals For the Eleventh Circuit

____________________
No. 23

- 10081

Non

- Argument Calendar

____________________
STEPHEN MUCCIO, individually and on behalf of all others similarly situated,
Plaintiff

- Appellant,

versus GLOBAL MOTIVATION, INC., JORDAN R. BELFORT,

Defendants

- Appellees.

____________________ USCA11 Case: 23-10081 Document: 24-1 Date Filed: 08/25/2023 Page: 1 of 32 Opinion of the Court 23

- 10081
Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 9:22

- cv

- 81004

- AMC

____________________
Before R OSENBAUM , J ILL P RYOR , and B LACK , Circuit Judges.

PER CURIAM : Stephen Muccio appeals from the dismissal of his amendedcomplaint for lack of Article III standing. Muccio brought this putative class action against Global Motivation, Inc. and its owner, Jordan Belfort , alleging Global Motivation sent him and at least 100 other individuals five unsolicited text messages using automated computer systems to solicit the sale of consumer goods or services. He asserted two counts under the Florida Telephone Solicitation Act (FTSA )
, Florida Statute § 501.059 , and three count s under the federal Telephone Consumer Protection Act, 47 U.S.C. § 227 (TCPA)

. Global Motivation and Belfort moved to dismiss the complaint for lack of Article III standing , and the district court agreed

. Citing Salcedo v. Hanna , 936 F.3d 1162 (11th Cir. 2019), and Drazen v. Pinto , 41 F.4th 1354 (11th Cir. 2022), vacated
, 61 F.4th 1297 ( 11th Cir. 2023) ( Drazen I )
, the district court found Muccio could not establish a concrete harm , notwithstanding Muccio’s attempts to distinguish our prior precedent based on the number of text messages he received and on the language of the FTSA

. USCA11 Case: 23-10081 Document: 24-1 Date Filed: 08/25/2023 Page: 2 of 323

- 10081 Opinion of the Court 3
After Muccio appealed from the dismissal, however, we vacated the panel opinion in Drazen I and rehear d it as a full court

. We then explained “t he Constitution em powers Congress to decide what degree of harm is enough so long as that harm is similar in kind to a traditional harm .” Drazen v. Pinto , __ F.4th __, No. 21

- 10199 , slip op

. at 17, (11th Cir. July 24, 2023) ( en banc ) ( Drazen II ).

“ [T] he harm associated wi th an unwanted text message shares a close relationship with the harm underlying the tort of intrusion upon seclusion. ” Id. at 17. As a result, “ the receipt of an unwanted text message causes a concrete injury .” Id. at 18. And, like Congress did with the TCPA, the Florida Legislature “has used its lawmaking powers to recognize a lower quantum of injury necessary to bring a claim under the [FTSA]

. ” Id.
We do not fault the district court’s reliance on Salcedo and
Drazen I whe n it dismissed the case in December 2022. Nevertheless, we review standing issue s de novo
, Muransky v. Godiva Chocolatier, Inc. , 979 F.3d 917, 923 (11th Cir. 2020) (en banc) , and w ith the benefit of Drazen II , we conclude Muccio has standin g to bring his claims

. We REVERSE the district court’s dismissal for lack of standing and REMAND for further proceedings. USCA11 Case: 23-10081 Document: 24-1 Date Filed: 08/25/2023 Page: 3 of 3